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1 Proceedings of a General Court Martial, for the Trial of Major William Gates, of the Second Regiment of Artillery 1837

handle is hein.trials/acqa0001 and id is 1 raw text is: INTRODUCT ION. The war in Florida has been painful and protractive. That war is not to be judged by the ordinary rules of civilized warfare-it is not man to man, on open, fair and well established principles-it is a war with savages who defend themselves in ambush-who are keen, sagacious and treacherous-inhabiting an unsettled country and pos- sessing many advantages over the civilized soldier. Major Gates was left by General Eustis commanding the left wing of the Florida army, in charge of the military post known as Fort Barnwell, Volu- sia, with part of Brisbane's Regiment of South Carolina Volunteers- all the sick and disabled of the left wing, together with the ammuni- tion and stores of the same, with instructions to act on the defensive. In this position be was attacked by a large body of Indians whom he beat off, but was struck from the rolls of the army by the President, on the charge that he should have made a sortie from the Fort, and attacked them in turn, and have brought in the two men shot by the graves. The President however, to afford Major Gates an oppor- tunity of defending himself before a Court Martial, restored him to his rank, and the following pages contain the testimony and defence of Major Gates before that Court, by which it will be perceived that he was honorably acquitted of every charge. His friends now publish the whole trial for the information of the public, as well as an act of justice towards Major Gates, who is now with the army in Florida. From the testimony, it clearly appears that the post at Volusia was established to protect the stores and ammunition for the supply of the army, as well as a hospital for the sick and wounded, conse- quently its defence was an object of great importance, and any rash sortie, or exploit, might have endangered the lives of the sick and defenceless, as well as cutting off the supplies of the left wing en- gaged on the Withlacoochee. The Indians as it appears were also in strong force and used every stratagem to draw the troops out of the Fort, which had it been taken by any rash enterprise would have

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